- Title
- The protection of the rights of people with disabilities in the South African workplace: a critical analysis
- Creator
- Xokozela, Nwabisa https://orcid.org/0000-0002-6943-219X
- Subject
- People with disabilities -- Legal status, laws, etc.
- Subject
- Human rights -- South Africa
- Subject
- People with disabilities -- Government policy
- Date
- 2022-11
- Type
- Master's theses
- Type
- text
- Identifier
- http://hdl.handle.net/10353/28444
- Identifier
- vital:74332
- Description
- In the past, persons with disabilities were marginalised and suffered many disadvantages because of oppression. As a result, that had become an obstacle for them to enjoy their basic rights such as social, political and economic rights. Judging from the inequalities in the workplace, disability appears to be the main challenge hindering the progress of achieving equal prospects and fair treatment in many countries, including South Africa, especially in the workplace. That has resulted in most persons with disabilities living in poverty or rather depending on social support from the government in order to survive, due to employment discrimination. Policies, transformative programmes and employment laws have been promulgated to address employment discrimination. Some of the promulgated transformative programmes were developed to enforce section 9 of the Constitution. However, persons with disabilities are still faced with challenges of discriminatory practices in the workplace even today. This study is impelled by how ineffective these employment laws are, especially when safeguarding of persons with disabilities is concerned. Apart from the ineffectiveness of the current labour legislation in protecting the rights of persons with disabilities, the study aims at identifying how equality rights can be used by disability movements in order to influence policy development and implementation to advance access to work for persons with disabilities, and to further provide them with reasonable accommodation to be able to thrive within the workplace. Also, deriving some guidance from the international perspective of governing disability rights is of paramount importance in achieving equality within the working environment. It is thus extremely important to adopt compelling speedy actions to promote equal rights in the context of disability by bringing proportional aspects of the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) into action. That can be achieved if the policies and legislation created can be interpreted in a manner that is equal and effective, and that promotes implementation more than theory. Therefore, dealing with discrimination against persons with disabilities signifies an essential aspect in defeating the elevated inequality in the apartheid era, which disempowers the recognised constitutional democracy.
- Description
- Thesis (LLM) -- Faculty of Law, 2022
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (ix, 138 pages)
- Format
- Publisher
- University of Fort Hare
- Publisher
- Faculty of Law
- Language
- English
- Rights
- rights holder
- Rights
- All Rights Reserved
- Rights
- Open Access
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- Visitors: 19
- Downloads: 1
Collections
UFH Nelson R Mandela School of Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | XOKOZELA'S FINAL THESIS.pdf | 1 MB | Adobe Acrobat PDF | View Details Download |